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NCJ Number: 154612 Find in a Library
Title: Inactive Role of the Judge and Efficiency in Civil Procedure
Journal: Justitiele Verkenningen (Judicial Explorations)  Volume:21  Issue:2  Dated:(1995)  Pages:62-82
Author(s): J E Bosch-Boesjes
Date Published: 1995
Page Count: 21
Type: Legislation/Policy Analysis
Format: Article
Language: Dutch
Country: Netherlands
Annotation: This article examines how the inactive role of the judge in Dutch civil proceedings affects their efficiency.
Abstract: This discussion is, among other things, inspired by the reform of the organization of the Dutch courts and an adaptation of the Code of Civil Procedure. As one of the main causes of the inefficiency of the civil litigation, the inactive role of the judge is mentioned. After a description of the legal competencies of the judge, the author suggests two ways to improve the civil procedure. A more active judicial role is suggested as a means of improvement, along with a more informal procedure and abolition of the obligatory legal representation. This means not only a reform of the Code, but also of the culture and the organization of the courts. Since it is not known how judicial attitudes influence court proceedings, there might be other significant factors that impact the efficiency of civil proceedings. If this is the case, then the suggested improvements may not have their intended effect. 12 references
Main Term(s): Foreign courts
Index Term(s): Civil proceedings; Judges; Judicial performance evaluation
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